Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Written ByAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Hector has more than 45 years of experience as a successful trial lawyer and has been recognized for his outstanding legal work as well as his deep concern for his clients. The breadth of his legal experience extends to include wrongful death, wrongf.
Hector has more than 45 years of experience as a successful trial lawyer and has been recognized for his outstanding legal work as well as his deep concern for his clients. The breadth of his legal experience extends to include wrongful death, wrongf.
Hector has more than 45 years of experience as a successful trial lawyer and has been recognized for his outstanding legal work as well as his deep concern for his clients. The breadth of his legal experience extends to include wrongful death, wrongf.
Hector has more than 45 years of experience as a successful trial lawyer and has been recognized for his outstanding legal work as well as his deep concern for his clients. The breadth of his legal experience extends to include wrongful death, wrongf.
Updated: May 10, 2024, 7:56am
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The First Amendment protects the right to free speech, but there are limits. Defamation is one such limit.
Defamation occurs when false statements are presented as fact and they cause harm to individuals or businesses. Defamation can hurt someone’s reputation and damage their economic opportunities, so it can give rise to a legal claim.
In fact, there are two different kinds of defamation that can occur. One is called libel and the other is called slander. This guide will explain the differences between libel and slander as well as what you have to prove in order to make a claim for either type of defamation.
Defamation occurs when a false statement is made to a third party if the statement is presented as factual and causes harm to the plaintiff’s reputation.
In order for a plaintiff to recover compensation for defamation, the plaintiff must prove the defendant was at fault for making the false statement. Proving fault depends on who was defamed.
When a private figure is defamed, a less stringent standard is used to determine if the defendant can be found at fault.
It is much more difficult for public figures to make a successful claim for either libel or slander because of the actual malice standard that applies.
Defamation claims are actually organized into two different types of claims: Libel claims and slander claims. Both can give rise to a civil lawsuit, but the elements of the two different cases are different.
The big difference between libel versus slander is the form in which the untrue statement is made.
So although both are types of defamation, they are not the same and victims will need to decide what type of claim to make if they wish to pursue a defamation case.
Libel occurs when a false statement is published in any type of written form. This can include print, writing, pictures or digital communications such as:
If there is a physical (or digital) representation of the false statement, then it is libel.
In order to prove libel, a plaintiff must show:
Certain types of written statements are considered to be so damaging to an individual or business reputation that they can be considered libel per se if they are untrue and are made negligently or with actual malice. If a defendant makes any of these types of statements, the plaintiff can recover without separately showing they were damaged.
Examples of statements that are considered libel per se include claiming the victim:
While a victim doesn’t have to prove these statements subjected them to harm, they still must show they are inaccurate and that the defendant acted negligently or with actual malice in displaying them in written form.
Slander is a type of defamation that occurs when a false statement is made orally that causes reputational damage. Traditionally, this would include making a false statement in public places such as at a town meeting or work conference.
However, as technology has advanced, it has become more difficult to distinguish between libel vs. slander. For example, podcasts are oral statements but are published digitally, while text messages could be seen as more similar to a phone call (which could mean they were classified as slander) or a comment on social media (which would mean they were classified as libel).
While the rules differ by state, it is more likely that off-the-cuff statements made to smaller groups will be classified as slander while pre-planned statements and/or those made to larger groups and recorded will be classified as libel.
The elements of slander are similar to the elements of libel and include:
It can be more difficult to prove slander vs. libel because there is no written record of the injurious statement. The act of publication in libel cases can help a plaintiff prove injury.
Slander per se also entitles a victim to compensation without separately proving a statement was damaging when the statement is one that would obviously cause reputational harm. The same types of statements that can result in a successful claim of liberal per se can also result in a claim of slander per se.
Plaintiffs may be able to recover compensation for losses caused by either libel or slander. Damages can include payment for:
In some states, punitive/exemplary damages may be recoverable in cases of malice.
An experienced attorney can help victims demonstrate the extent of damages and recover the full amount of compensation they deserve.
There are some defenses to defamation that a defendant could use to avoid liability, including the following.
Depending on the circumstances, if the defendant retracted the statement or if it was privileged, then the defendant may also be able to avoid being held liable for defamation.
Privileged communications are those afforded special protection and include communications made between spouses, statements from lawmakers during legislative debates and statements made during judicial proceedings. There is also a qualified privilege that protects an employer from defamation claims for matters addressed in performance reviews, disciplinary actions, evaluations and other internal business communications.
Libel is a type of defamation that occurs in written form. If an untrue statement is presented as fact in print, writing, pictures or other physical communications and it causes harm to a person’s reputation or results in economic damages, public hatred, contempt or ridicule, this is an example of libel.
Slander is defamation that occurs in oral form rather than written form. Libel is defamation in written form. Because the writing itself can be considered a form of injury to another person, libel is easier to prove.
Truth is an absolute defense in all defamation claims including libel and slander. A false statement of fact is a key element of a libel claim; if the statement is true, then the plaintiff will not be able to prove this element of their case.
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ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets. He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert. An avid waterman, he surfs and scuba dives frequently.
Hector has more than 45 years of experience as a successful trial lawyer and has been recognized for his outstanding legal work as well as his deep concern for his clients. The breadth of his legal experience extends to include wrongful death, wrongful termination and capital murder cases.
He is a frequent speaker before business and civic organizations on legal topics of interest such as civil rights, workplace issues and the criminal justice system.
Hector has been an adjunct instructor teaching constitutional law, employment law and international law at the undergraduate and graduate school levels. He created and taught the first fully-accredited Spanish-language international law course in the United States.
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